CTNF 19/177,173 CTNF 90203 DETAILED ACTION 1. This office action is in response to U.S. Patent Application No.: 19/177,173 filed on 4/11/2025 with effective filing date 6/14/2019. Claims 1-3 are pending. Double Patenting 08-33 AIA 2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 3. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 1191761, and claims 1-3 of U.S. Patent No. 12301827. Although the claims at issue are not identical, they are not patentably distinct from each other. Example below. Current application US 1191761 1. A decoding apparatus for image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: receive image information including prediction related information and residual information from a bitstream; derive an inter prediction mode for a current block based on the prediction related information; derive motion information of the current block based on the inter prediction mode; generate predicted samples of the current block based on the motion information; generate residual samples of the current block based on the residual information; and generate reconstructed samples of the current block based on the predicted samples and the residual samples, wherein the prediction related information includes inter prediction type information specifying whether bi-prediction is applied to the current block, wherein the prediction related information further includes symmetric motion vector differences (SMVD) flag information specifying whether SMVD is applied, based on the inter prediction type information, wherein at least one reference picture index indicating a short-term reference picture among reference picture indices is derived as the motion information based on the SMVD flag information, and wherein the at least one reference picture index used for deriving the motion information is derived based on picture order count (POC) difference between the short-term reference picture and a current picture. 1. An image decoding method performed by a decoding apparatus, the method comprising: obtaining prediction related information including inter prediction type information and symmetric motion vector differences (SMVD) flag information from a bitstream; determining a prediction mode for a current block as an inter prediction mode using SMVD in response to the SMVD flag information representing the SMVD is applied to the current block; deriving motion information of the current block based on the SMVD; and generating predicted samples of the current block based on the motion information, wherein the prediction related information includes the SMVD flag information based on the inter prediction type information representing bi-prediction is applied to the current block, wherein at least one reference picture index indicating a short-term reference picture among reference picture indices is derived as the motion information, and wherein the at least one reference picture index is derived based on picture order count (POC) difference between the short-term reference picture and a current picture. 2. An encoding apparatus for image encoding, the encoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive an inter prediction mode for a current block; derive motion information of the current block based on the inter prediction mode; generate predicted samples of the current block based on the motion information; generate prediction related information related to the inter prediction mode; generate residual information based on the predicted samples; and encode image information including the prediction related information and the residual information, wherein the prediction related information includes inter prediction type information specifying whether bi-prediction is applied to the current block, wherein the prediction related information further includes symmetric motion vector differences (SMVD) flag information specifying whether SMVD is applied, based on the inter prediction type information, wherein at least one reference picture index indicating a short-term reference picture among reference picture indices is derived as the motion information based on the SMVD flag information, and wherein the at least one reference picture index used for deriving the motion information is derived based on picture order count (POC) difference between the short-term reference picture and a current picture. 2. An image encoding method performed by an encoding apparatus, the method comprising: determining a prediction mode for a current block as an inter prediction mode using symmetric motion vector differences (SMVD); deriving motion information of the current block based on the SMVD; generating predicted samples of the current block based on the motion information; generating prediction related information including inter prediction type information and SMVD flag information; and encoding the prediction related information including the inter prediction type information and the SMVD flag information, wherein the prediction related information includes the SMVD flag information based on the inter prediction type information representing bi-prediction is applied to the current block, wherein at least one reference picture index indicating a short-term reference picture among reference picture indices is derived as the motion information, and wherein the at least one reference picture index is derived based on picture order count (POC) difference between the short-term reference picture and a current picture. 3. An apparatus for transmitting data for an image, the apparatus comprising: at least one processor configured to obtain a bitstream for the image, wherein the bitstream is generated based on deriving an inter prediction mode for a current block, deriving motion information of the current block based on the inter prediction mode, generating predicted samples of the current block based on the motion information, generating prediction related information related to the inter prediction mode, generating residual information based on the predicted samples, and encoding image information including the prediction related information and the residual information; and a transmitter configured to transmit the data comprising the bitstream, wherein the prediction related information includes inter prediction type information specifying whether bi-prediction is applied to the current block, wherein the prediction related information further includes symmetric motion vector differences (SMVD) flag information specifying whether SMVD is applied, based on the inter prediction type information, wherein at least one reference picture index indicating a short-term reference picture among reference picture indices is derived as the motion information based on the SMVD flag information, and wherein the at least one reference picture index used for deriving the motion information is derived based on picture order count (POC) difference between the short-term reference picture and a current picture. 4. A transmission method of data for an image, the method comprising: obtaining a bitstream for the image, wherein the bitstream is generated based on determining a prediction mode for a current block as an inter prediction mode using symmetric motion vector differences (SMVD), deriving motion information of the current block based on the SMVD, generating predicted samples of the current block based on the motion information, generating prediction related information including inter prediction type information and SMVD flag information, and encoding the prediction related information including the inter prediction type information and the SMVD flag information; and transmitting the data comprising the bitstream, wherein the prediction related information includes the SMVD flag information based on the inter prediction type information representing bi-prediction is applied to the current block, wherein at least one reference picture index indicating a short-term reference picture among reference picture indices is derived as the motion information, and wherein the at least one reference picture index is derived based on picture order count (POC) difference between the short-term reference picture and a current picture. Allowable Subject Matter After analyzing the current application examiner concluded that the novelty of the current application involves receiving image information including prediction related information and residual information from a bitstream. An inter prediction mode is derived based on the prediction related information. The motion information is derived based on the inter prediction mode. The prediction samples are generated based on the motion information. The residual samples are generated based on the residual information. The reconstructed samples of a current picture are generated based on the prediction samples and the residual samples. The prediction related information is inter prediction type information indicating whether bi-prediction is applied to a current block in the current picture. The prior art of record Lee et al. US 2020/0267408 A1 in view of Kang et al. Non-CE4: Simplification of decoding process for SMVD reference indices (IDS) does not disclose, with respect to claim 1, generate predicted samples of the current block based on the motion information; generate residual samples of the current block based on the residual information; and generate reconstructed samples of the current block based on the predicted samples and the residual samples, wherein the prediction related information includes inter prediction type information specifying whether bi-prediction is applied to the current block, wherein the prediction related information further includes symmetric motion vector differences (SMVD) flag information specifying whether SMVD is applied, based on the inter prediction type information, wherein at least one reference picture index indicating a short-term reference picture among reference picture indices is derived as the motion information based on the SMVD flag information, and wherein the at least one reference picture index used for deriving the motion information is derived based on picture order count (POC) difference between the short-term reference picture and a current picture as claimed. Rather, Lee et al. discloses an initial motion vector in a merge candidate list of a current block. A predicted block of the current block is produced by using a corrected motion vector. Amount prediction for the current block is performed for instructing a merge index when motion vector of motion information is made to be non-existent. A template including difference with a peripheral template of the current block is indicated by using the motion vector. Cost value about distortion value between the template and the motion vector is obtained. Similarly, Kang et al. discloses a simplified symmetric MVD mode for bi-prediction based on the corresponding CE test CE4.4.3. With the symmetric MVD mode, MVD of list 1 is not signaled but derived ‘from the signaled MVD of list 0, and reference picture indices of both list 0 and list 1 are not signaled but derived based on the POC of reference pictures and the current picture. ‘Iwo items are proposed in this contributiom (1) Disabling bi-direetional optical flow (BDOF) for symmetric MVD mode;(2) encoder optimizations to improve the performance. Same reasoning applies to Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRFAN HABIB whose telephone number is (571)270-7325. The examiner can normally be reached Mon-Th 9AM-7PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Irfan Habib/Examiner, Art Unit 2485 Application/Control Number: 19/177,173 Page 2 Art Unit: 2485 Application/Control Number: 19/177,173 Page 3 Art Unit: 2485
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